I recently received a speeding ticket in Pleasant Prairie, WI where
the officer cited me for driving 58 mph in a 35 mph zone. While I have
been guilty of speeding violations in the past, I am quite sure that I
was not going any faster than 40 mph at the time, as I had been
keeping an eye on my speed.

The officer asked if I knew why I had been stopped, to which I
responded no. He asked me if I was aware of the speed limit, to which
I told him that I believed it to be 35 mph. He then told me that he
had clocked me on radar at 58 mph. When he returned with my citation,
I informed him that I did not believe I was traveling that fast. He
offered to show me the radar gun, and I did see that it displayed 58
mph.

I have never gone to trial for a speeding citation, and I'd like some
advice on the best way to present my case. Unfortunatly, I am unable
to come up with any solid proof that I wasn't speeding. Is there any
chance that the radar gun was not correct, or had clocked something
other than my vehicle? What would be the best way to present this in
court?

Normally I would go to court to try and have the ticket reduced to a
lesser violation, however in this case I believe the radar to be in
error. I'd like to have the above questions answered, as well as
advice on the best way to proceed. Also, if there is any information
specific to the laws in the village in which I received the citation,
I would like that as well. Again, it occured in the state of Wisconsin
in the Village of Pleasant Prairie, which is in Kenosha County. The
citiation says that I violated ordinance No (7) and Adopting State
Statute no. 346.57 (5), with the description of the violation being
Speed In Excess. Please let me know if you need any additional
information or clarification. Thanks.

hmmm I do believe that radar guns can be out somewhat, but usually not
by such major differences. The officer would know by now if the radar
gun was wacky as it would have happened to other people as well. Could
your speedometer be defective? I have found that judges will usually
erase the first speeding violation of a record (in Canada at least)
but the second time you try and say you weren't going that fast...
well it just won't work.

Good luck,

tisme-ga

please consider contacting a laywer in the area that you got your
ticket. yellow pages online might be a good lead source.  in major
cities, there are lawyers that handle such things for less than a
hundred bucks, fixed cost.

they don't guarantee to get the ticket removed, just that they'll
throw you in the pile for adjudication that essentially waives it, if
the judge goes along.  in many towns, the lawyers and judges that
handle such things make deals so as to not clog the courts any more
than necessary.  if you live far away from the place that you got the
ticket, it might be worth it.

My opinion is that a lawyer is not worth it. It is common for radar
guns to make mistakes, and usually the first time, the judge will take
a person's word for it. Calling a lawyer at this point will not really
change much, and will be more expensive than just telling the judge
your story. This is of course just my opinion.

tisme-ga

Unfortunately there is no real way to answer your question. I've been
in law enforcement for 22 years and believe me when I tell you that
there are a number of different types of radar that are affected by
various things which "can" indeed render the reading inaccurate.
However, you'd have to know what kind of rader the officer was using
in order to apply a particular theory.

All radars must be calibrated by a certified technician (not the
officer). This is done ever so often. You can ask to see the
calibration certificate and if it is not current you may have a case
there. You can also ask to see the officers user certificate. Again,
if it is not current you can aim your defense at his incompetence or
at least the incompetence of his training department. I'll tell you
that environmental conditions (rain, snow, fog), heavy traffic, over
abundant power lines, and user error are the most argued points with
radar ticket cases.

Keep in mind though that in small municipalities, judges tend to side
with their officers more often (this is my experience anyway) so you
might be better off paying the fine outright than contesting the case
and being assessed big court costs on top of a large fine.

Good luck;
tutuzdad-ga

Calibration errors do happen. So do these types of errors :

Radar Errors
http://home.att.net/~speeding/Radar7.html

This site goes to great length, and you may find a defense there.

SgtCory

By the way, the types of radar are referred to as K, X, Superwide, KA
and Laser. There may be others. Each with its own unique sensitivities
and vulnerabilities.

tutuzdad-ga

The truth is, there is not much that can be done.  The officer will
state that you saw the radar gun, and unless you lie under oath, you
will be required to admit that you saw it as well.  I would
reccommend, if you insist on going to court, you plead "no contest",
the judge will give you a chance to speak before rendering his
vertict.  Admit that you were speeding(40 in a 35)but that you dont
think it was any faster than that.  He may reduce the speed and fine
you accordingly, but then you would incure court costs as well.
**one more thing, please stop speeding, 5 miles and hour is not going
to get you somewhere a considerable amount of time earlier unless it
is a cross country trip. Thousands die each year from people speeding.
 Its a simple thing to stop, just slow down.